Citation

D'Ambrosio Z. Fam. Court Rev. 2008; 46(4): 654-669.

Copyright

(Copyright © 2008, Association of Family and Conciliation Courts, Publisher John Wiley and Sons)

DOI

10.1111/j.1744-1617.2008.00230.x

PMID

unavailable

Abstract

Many jurisdictions handle domestic violence cases on a one-size-fits-all basis, with a presumption in favor of a finding of child neglect and removal when children are exposed to domestic violence. Such a standard fails to recognize that not all domestic violence is the same and not all families are equally affected. The impact of domestic violence depends on several factors such as the different types of domestic violence the frequency and intensity of the violence, the frequency and extent of the child's exposure, and each family member's unique experiences and characteristics. This view takes the position that parents’ capacity to participate in counseling and services promoting the health and safety of their children varies, as does the appropriateness of children being removed from the home as a result of exposure to domestic violence. Therefore, this Note proposes that states develop a standard for both courts and child protective agencies that carefully examines each domestic violence case using an individualized factual analysis and attempt to mitigate the effects of a child's exposure to domestic violence by means other than a presumption for or against removal (temporary or permanent) in every case.